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Advice needed about wife's inheritance

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  • Advice needed about wife's inheritance

    Hello, I need some help and advice regarding my wife who has now has just inherited her parents house and maybe some money?
    I seperated from my wife just over a year ago, I had no choice since my wife (we are still married) is a drug addict and she went off the rails and her condition became a 'concern' by the Social Services. Me and my wife have a 13 year old Son, I work full time and my wife worked part time 'off and on'. We lived in a council house and always intended to buy the house and get back the money that we ( or I) payed out in rent. This was my wifes 'forever home' when I first met her and was paid for by the Tax payer. I happily paid the rent for over 14 years thinking that we would get it back because of the right to buy scheme.
    It's a long story about my wife's drug addiction and a painful one so I will try and leave that part out ( it still hurts me very much and emotionaly I don't feel very strong).
    Anyway here's my point.. I seperated from my wife and I am the parent with care. My wife has inherited her parents home, she is an only child and the will was made out to her ( I have seen it). I have not taken a penny from my wife in fact I have done the opposite and I still let her claim the Child Benefit money and I have also helped her financialy. Everry time my Son goes to stay with her I give him plenty of money to take.
    I alway pay for the expence of my Son going to see her, I provide her with access to my internet so she can contact our Son ( which she never does!) and she never writes or phones him,, I alway ask my Son to call his Mum.

    Do I have the right to any of the property? She (my wife) is looking to rent the property out for extra income. How do I stand?

    Also. there was some money in her parents account but since her mother went into care before she passed away (the social services put her in care because of my wife's condition!!!) so I don't know if there was any money left after paying for care ( there was £60k). The house is worth £240K
    My wife is saying that the Will is in probate but she has the keys to the house. I don't trust her as my Son has told me that she mentioned about me getting the house if anything happened to her. I think she is going to put the house in my step-daughters name ( she is 22 years old and doesn't live with her mother).

    I don't want this to look like I am out to get what I can, but I had to leave my home of 14 years and walk out of a very well paid contract so that I could get help from my family through this mess. I am now in a much lower paid job ( I am a working single parent) so that my working hours fit around my Son and his school etc.

    What should I do? I did go to see a solicitor but all they wanted me to do was divorce her and sign that i would not take any money from her if she gave me a quick divorce. I don't have a spare £500+ just for a divorce, I am struggling already to make ends meet.

    Hope you can help, thank you.
    Last edited by Wade; 2nd November 2014, 17:40:PM.
    Tags: None

  • #2
    Re: Advice needed about wife's inheritance

    You need a different solicitor.

    As you have primary care for your son and have paid the rent on the council property and supported your wife throughout this difficult time, the inheritance may well be treated as part of the marital assets, and you may be entitled to a share of it.

    The council house must remain as the principal home so your wife is okay, tenancy wise, in renting out the inherited property. Of course any benefits she receives that are means tested will be reduced or lost entirely. Does she work ? Do either of you get child tax or working tax credits ? I'm sure you know you should be getting the child benefit yourself as the primary carer.

    Is the council tenancy in joint names ? Its not clear from your post.

    It doesn't sound to me like you are ready (either of you) to divorce and the inheritance shouldn't push you into doing so, additionally it shouldn't push you into getting back together.

    It is a difficult situation but your priority has to be your son and ensuring his welfare and future is secure.
    #staysafestayhome

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    • #3
      Re: Advice needed about wife's inheritance

      Hi Amethyst.
      Many thanks for reading and replying to my post.
      You are quite right about divorce.. no I'm not ready yet. When I went to see a solicitor it was painful and I wasn't been offered the advice that I so much wanted. I came away feeling that the law was not going to be on my side.
      My Son's welfare has always been my main priority and still is. All through this mess I have sheilded him from what was happening, he is doing very well at his new school and has lots of new friends, I love him very much and he is very happy to be with me.
      The Social Services did come to our home and wanted to remove our Son because of my wifes condition. I had already asked,begged etc her to leave and move in with her mother and get help with her addiction. She would not move out of the house, I wasn't sure if I could have her removed but in my heart I didn't want to that to her. So in the end we had to pack what we could and leave. Only a few hours earlier my wife had been taken away in an ambulance and the police where also present.
      It was so upsetting to pull my Son from school and leave everything behind to stop the social services from putting my Son in care. The crazy thing is that my wife blames me for all of this!!

      I know that I should get the Child Benefit but I was trying to help my wife but that isn't working.

      How does the law stand on inheritance? Do I risk a legal bill for money I don't have? I had to walk away from my job and it took me a long while to find work again and I had to borrow money to see us through ( we were homeless and living in hotels for weeks).
      Thanks again.
      Last edited by Wade; 2nd November 2014, 18:13:PM.

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      • #4
        Re: Advice needed about wife's inheritance

        Also another question. My wife say's the Will is in probate and the solicitors lost the Will. I have seen a copy of the original which my wife has in her possetion. How long does probate take and how can I find out what is happening or if she is just stringing me along.

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        • #5
          Re: Advice needed about wife's inheritance

          Would have thought the will would have been scanned at the Solicitors as as safegard against it being lost

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          • #6
            Re: Advice needed about wife's inheritance

            Originally posted by wales01man View Post
            Would have thought the will would have been scanned at the Solicitors as as safegard against it being lost
            She has her father's copy of the original Will which she 'retrieved' when he passed away.
            I'm not sure what to believe and to be honest I choose not to believe her.

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